MAGANLAL ISHVARLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The case of the petitioner was that he owned and possessed land bearing Survey No. 52/1 situated in Bharuch, State of Gujarat first respondent herein issued a notification under Section 4 of the Land Acquisition Act, 1894 on June 25, 1964 which was published on July 2, 1964. The land was likely to be needed for public purpose for construction of New Civil Hospital. A notification under Section 6 of the Land Acquisition Act was issued on March 25, 1965. An award was declared by Special Land Acquisition Officer on March 31, 1967. It was asserted by the petitioner that Town Planning Scheme No. 1 of Bharuch was introduced on or about July 6, 1977 and the Government sanctioned the said scheme which was implemented with effect from March 19, 1986. Under the scheme, two plots were given - final plot No. 26 admeasuring 10323 sq.mts. and final plot No. 27 admeasuring 7041 sq.mts. According to the petitioner, final plot No. 26 was given to Bharuch Municipality whereas final plot No. 27 was allotted to New Civil Hospital. It is alleged by the petitioner that without following procedure prescribed under the Gujarat Town Planning & Urban Development Act, 1976 (hereinafter referred to as "the Act") and under the Gujarat Town Planning & Urban Rules, 1979 (hereinafter referred to as "the Rules"), there was exchange of final plot Nos. 26 and 27 between Bharuch Municipality on one hand and the State Government on the other. Since no procedure was followed, the petitioner was adversely affected as the land owned and possessed by him was taken over by the Municipality. The petitioner, therefore, has approached this Court.

(3.) xxx xxx xxx.